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Friday, November 27, 2020

Talaq notices: Supreme Court refuses to entertain Muslim woman’s plea

A bench of Justices R Banumathi and A S Bopana disposed of the plea saying that it is not a court where Talaq notices could be challenged, granting her liberty to move an appropriate forum for relief.

By: PTI | New Delhi | July 3, 2019 6:04:41 pm
Supreme Court, Triple Talaq, Muslim Women, Triple Talaq plea, ,Muslim Women (Protection of Rights on Marriage) Ordinance, Plea in Supreme Court, Indian Express News The bench said it cannot go into the merits of the plea and the petitioner should approach the appropriate forum. (File)

The Supreme Court Wednesday refused to entertain a Muslim woman’s plea challenging two notices of Talaq given by her husband saying it cannot entertain a writ petition on the issue.

A bench of Justices R Banumathi and A S Bopana disposed of the plea saying that it is not a court where Talaq notices could be challenged, granting her liberty to move an appropriate forum for relief. Advocate M M Kashyap, appearing for the woman said the process of Talaq-e-hasan under the personal law was not followed.

The bench said it cannot go into the merits of the plea and the petitioner should approach the appropriate forum. The woman, who claimed to have been married to the man for nine years, has also sought registration of FIR against the husband for giving her the notices — the first on March 25 and the second on May 7.

The plea said the woman got married on February 22, 2009 as per Muslim rites and customs and has two children of nine years (boy) and six years (girl) age. She contended that the apex court had on August 17, 2017 held the practice of triple Talaq among Muslims as unconstitutional and the notices given by the husband were violative of that order.

The woman, a Delhi resident in her plea has said that her husband and in-laws started harassing and assaulting her after the marriage for want of additional dowry and a car. She said the The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, which was promulgated in January 12, is in her favour.

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